In all these petitions, challenge is to the order dated 08.12.2011 passed by the learned Judicial Magistrate, First Class, Kalol in Criminal Case No.5477 of 2011.
2. In the complaint filed by one Niruben, w/o. Babulal Amarsingh Barot, in no uncertain terms she has verified before the learned Magistrate and stated to have received Rs.1 lakh from Shri Rajan Vasudev Dapki-accused No.1 and petitioner of Criminal Misc. Application No. 17892 of 2011. At the same time, complainant has stated that she was deceived and her signature and thumb impression were obtained in duress and the sale transaction was entered into and sale deed was executed.
2. The petitioners of the other petitions are either intermediaries or parties to the transactions from first sale to third sale. Petitioner of Special Criminal Application No.3426 of 2011 is the first purchaser of the land in question by registered sale deed and now that sale deed was cancelled by deed of cancellation on 20.09.2001 and the land is no more in his ownership or possession. The petitioner of Misc. Criminal Application No.17907 of 2011 is a lawyer, who had performed his duties as such, but implicated on the basis of allegations that part of the consideration of transaction of sale was not paid to the complainant.
3. On perusal of the record, prima facie, it reveals that the complainant has not only abused the process of law, but systematically and consciously with full knowledge has entered into transactions with different parties from time to time and later on filed impugned complaint levelling wild allegations against the accused persons who upon knowledge not only cancelled the power of attorney but issued public advertisement and deed of cancellation of earlier transaction was entered into and even entries in the revenue record came to be deleted. Further, the complainant continued to enter into the transactions of the land in question and executed 2nd and 3rd sale deeds with different persons. It also appears that she had accepted the consideration of sale through Dodia Navalkumar Fulabhai - petitioner of Criminal Misc. Application No.17908 of 2011. Further sale deed was executed and registered before the Sub-Registrar and the said sale deed is legal and valid and she had no objection if necessary entry in the revenue record pertaining to the sale is being recorded.
4. The above circumstances would go to show that the complainant has adopted a modus to extort more money and arraigned number of persons as accused, who had already either relinquished their right and even transaction in question was treated to be cancelled and have no interest whatsoever in the ownership or title of the land in question. Pursuant to the sale deed executed by the complainant with Dodia Navalkumar Fulabhai qua the property and the nature of dispute is purely civil nature, and therefore, issuance of the process and ordering inquiry by the learned Magistrate deserves to be stayed.
5. Having heard learned counsels appearing for the parties and considering the allegation levelled against the petitioners that by forged power of attorney land was sought to be usurped by the petitioners, appears to be prima facie without any substance and need to be considered at the stage of final hearing.
Considering the overall facts and what is recorded in the foregoing paragraphs, further proceedings of the complaint impugned in all these petitions shall remain stayed till final disposal of the petitions.
Post the matter on 14th March, 2012.
[Anant S. Dave, J.] *pvv Top